KULDEEP Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner is seeking quashing of the order dated 05.12.2014 (Annexure P-3), whereby he has been dismissed from service and order dated 27.05.2015 (Annexure P-6), vide which appeal against the said order has been dismissed.

(2.) Petitioner joined the respondent-department as Jail Warder on 22.04.2013. Earlier, FIR No.02 dated 04.01.2007, under Sections 148/149/323/325/506 IPC was registered against the petitioner and his family members at Police Station, Bawani Khera, District Bhiwani. Vide judgment dated 25/26.11.2011 (Annexure P-1), the petitioner was convicted and sentenced to undergo rigorous imprisonment for a period of 1 years and to pay a fine of Rs.1600/- for commission of offences under Sections 323, 325, 506 read with Section 34 IPC. Against the said judgment, petitioner filed an appeal, which was dismissed vide judgment dated 21.11.2014 (Annexure P-2) passed by the Additional Sessions Judge, Bhiwani. Thereafter, petitioner filed CRR No. 3899 of 2014 before this Court, which was admitted vide order dated 20.04.2015 (Annexure P-4) and sentence awarded to the petitioner was suspended. Meanwhile, vide order dated 05.12.2014 (Annexure P-3) passed by respondent No.3-Superintendent, Head Quarter, Jail, Panchkula, the petitioner was dismissed from service. Appeal against the said order was dismissed vide order dated 27.05.2015 (Annexure P-6). Hence, this petition.

(3.) Learned counsel for the petitioner, at the outset, referred to the notifications dated 02.02.1973 and 05.08.1966 (Annexures P-7 and P-8) to contend that offences under Sections 323/325/148/149 IPC do not fall under the moral turpitude. Hence, even if, the petitioner has been convicted, no case for terminating his services was made out. He has referred to the judgment passed by Hon'ble the Supreme Court in Avtar Singh vs. Union of India and others, 2016 (3) SCT 672, where guidelines to examine a case, where services of an employee have been terminated on account of involvement in a criminal case, have been laid down.